Texas passed its marriage amendment in 2005 with 76% of the vote. This was after the amendment passed the Texas house by a 101-29 margin and the senate 21-8. Thus it is a piece of legislation with overwhelming support, including two-thirds of the state legislature and 3/4 of the electorate. The amendment garnered nearly universal support, passing in 253 of Texas' 254 counties.

And yet Judge Garcia, in a burst of judicial hubris and and arrogance, disenfranchised them all. While he has issued a stay pending review by the judges of the Fifth Circuit, they may well affirm Judge Garcia, so the time to act is now, before they get the chance.

The Constitution begins "We the People," not "We the Black-Robed Tyrants." It's time for Gov Perry to remind federal judges of the very first words of the document they took an oath before God to uphold.

A couple of years ago, Denzel Washington starred in "Unstoppable," a fact-based movie about a runaway train. That runaway train today is the federal judiciary, crushing one state after another by imposing its benighted will on marriage policy from the bench. Federal judges who overturn duly enacted state laws and marriage amendments make a mockery of the democratic process and leave the Constitution in tatters.

This is not how a republican democracy works.

The number of states, now including Texas, who have been victimized by this tyranny is growing by the week. Not long ago, thirty-one states had marriage amendments in force, enacted by the people, which elevated protection for man-woman marriage to their state constitutions.

Yet due to unconscionable judicial activism, that number is now down to 26 and dropping by the week. If the process is not arrested, marriage based on the infamous crime against nature will soon be imposed as a moral value on the entire country.

Homosexual activists are fond of bloviating about how many Americans live in states where same-sex marriage has official sanction. Yet simple research indicates that only 4.5% of the populace live in the three states where voters themselves have chosen same-sex marriage at the ballot box. In much of the rest of the country, sexual deviancy has been imposed on the American people against their will by out-of-control judges.

Denzel Washington found a way to stop that runaway train and protect the people in its path from certain disaster. Gov. Perry is perhaps the last man standing who has not only the legal authority but also the courage to stop the moral and constitutional carnage being caused by a lawless judiciary.

Article I, Section 8 identifies the only powers of action the people of the United States have delegated to the central government. There is no mention there of marriage policy at all. In other words, none of the three branches of the federal government has any authority whatsoever to dictate marriage policy to the states. None.

Gov. Perry gets it. In the statement he issued yesterday, he said, "[I]t is not the role of the federal government to overturn the will of our citizens. The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state."

How can Gov. Perry not only continue this fight but win it outright? By adamantly refusing to surrender to this act of judicial tyranny.

Gov. Perry can uphold both the constitution of the state of Texas and the Constitution of the United States by declaring that no matter what a federal judge or court decides, marriage in Texas will continue to be a man-woman institution. He can issue a directive that no marriage licenses will be issued by country clerks to same-sex couples in the state of Texas, period.

Let's be very clear: were Gov. Perry to do this, he would not be violating the Constitution, he would be upholding it. It would not be the governor but the judge who is violating the Constitution and his oath of office.

The governor would be doing his part to make this nation once again a nation of laws and not men. And other like-minded governors might just be inclined to follow his example.

Surely Big Gay would react with a frenzy of outrage and a flurry of litigation, but what could homosexual activists do if Gov. Perry, backed by the state legislature, simply refused to bow to unconstitutional diktats issued by the judiciary?

If the president were to threaten the use of force to compel submission, it would simply prove to one and all that we are no longer a self-governing people and no longer have even the semblance of a constitutional republic.

Governor Perry, a nation turns its lonely eyes to you. What will you do?

(Unless otherwise noted, the opinions expressed are the author's and do not necessarily reflect the views of the American Family Association or American Family Radio.)

Bryan Fischer

Bryan Fischer is the host of the daily 'Focal Point' radio talk program on AFR Talk, a division of the American Family Association. 'Focal Point' airs live from 1-3 pm Central Time, and is also simulcast on the AFA Channel, which can be seen on the Sky Angel network.